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Dave Kennett, Lawyer

Category: Family Law

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My current husband allowed his previous mother-in-law to put

Resolved Question:

My current husband allowed his previous mother-in-law to put a trailer on the property he and his previous wife purchased and built a house on. They are now divorced and the mother-in-law is still living in the trailer on the property. Since we are now married and living in the house, he has asked her to move the trailer. She hasn't done so, and now the ex-wife has moved in with her. The property is my husbands by default because the ex-wife couldn't afford the mortgage and moved out 2yrs ago. The property is still in both their names, the trailer they are living in is in a cousins name. What can we do to get them off the land?

Dear JACUSTOMER - If the deed is still in both names then the property is not your husband's "by default" since there is no such thing as obtaining real estate by default. So if her name is XXXXX XXXXX deed she has a right to be on the property. I'm not certain what your husband's divorce decree said with respect to the property or if there was any language as to who was supposed to get title but if there is something in the court order that says his ex wife is supposed to transfer the property to him as part of the divorce settlement then he can file a motion with the court to force her to sign the deed over to him. Otherwise they own the property jointly regardless of who pays the mortgage or taxes etc. His other option is to file for a partition of the land and force a sale and he can buy her out and take credit for whatever payments he has made as to her half of the ownership since the divorce.

You can file an action against the owner of the trailer to have it removed from the property but the problem is that his ex wife is still a co owner of the property and can give permission for the trailer to be on the land. So the only way you are ever going to resolve the problem is to get his ex wife's name off of the deed. That should have been handled in the divorce but obviously I don't have access to the divorce case to be able to tell you if the issue was addressed.

It was not settled in the divorce. She filed for bankruptcy and did not include the property in her debts. My husband also filed bankruptcy at the same time but separately from her. He kept the house and property out of his bankruptcy and pays it separately. They filed in march 2010, separated 2009- he moved out but paid the mortgage. She left the house dec 2009, he moved back in Jan of 2010. The trailer was placed on the property for her mother aug 2004.

The bankruptcy and the mortgage have nothing to do with who owns the property. The only evidence of ownership is the deed so if her name is XXXXX XXXXX deed she is an equal owner. The only way to resolve this is to get her name off the deed and if the issue was not dealt with in the divorce as it should have been then your husband is going to have to file for a partition of the property and have it sold and then he can buy her out.

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